CUPE’s challenge of back-to-work order for NB healthcare workers goes to court on Monday

The Canadian Union of Public Employees is threatened with a minimum fine of $ 100,000 for every day a worker does not comply with the order.

Thousands of other public servants, including school bus drivers, educational support staff and workers in transportation, corrections and the community college system, have been on strike for nearly two weeks.

Justice and Public Safety Minister Ted Flemming said the emergency order for health workers was needed because there was a risk that medical care would not be provided and loss of life if the strike continued.

The government said in a press release last week that more than 11,800 healthcare appointments, procedures and surgeries had been canceled since November 1. He also said cleaning, laundry and catering services in hospitals had been affected.

CUPE lawyer Joel Michaud says the emergency order is unconstitutional and the fines are excessive.

“There are mechanisms in the Public Service Labor Relations Act that already deal with these issues,” he said in an interview on Wednesday. “The fines provided for in the emergency ordinance are grossly distorted from what would be reasonable in the circumstances.”

Michaud described the order and the amount of the fines as a form of union breaking. “It’s offensive,” he said. “It is a means of intimidating and intimidating members and the union, which is totally unnecessary.”

Liberal opposition leader Roger Melanson in the legislature on Wednesday called the emergency order an abuse of power.

In response, Premier Blaine Higgs said the health workers’ back-to-work order was linked to the COVID-19 pandemic.

“This is based on the health and safety of the citizens of this province,” Higgs said.

CUPE has filed a motion to have the government’s emergency order suspended until the court can rule on the merits of the challenge.

The hearing of this motion will be heard Monday morning in the Court of Queen’s Bench.